I don't think he's saying it's ok for a drunk to injure anyone just that they are "less" responsible because their judgement was impaired by their drunken state when compared with the sober idiot busy texting behind the wheel.

Both are being selfish and stupid but only the sober one is in any condition to actually realize it at the moment.

The whole goal is to make texting and driving as socially unacceptable as drinking and driving is now.